64        Provincial Court Proceedings, 1675.

            Liber N N Afterwards to wit ths six and twentith day of the same November
                   it is the judgment of the Court here that for want of pleading the
                   deft accompt and that Mr Christopher Rousby and Mr Thomas Dent
                   be armed with a cothission to examine wittnesses upon Oath and to
                   state & audite the accompts betweene the said parties upon the tenth
                   day of January next & report thereof make here the next Provinciall
                   Court.
                    Att which Said next Provinciall Court to witt the ninth day of
                   ffebruary in the yeare aforesaid the said Christopher Rousby and
                   Thomas Dent made no report thereupon But the aforesaid Christo-
                   pher Rousby and Gerard Slye Gent being by ordr of this Court armed
                   with a Cömission to examine wittnesses upon Oath and to state &
                   audite the accompts betweene the said parties and to make report
                   here to witt at st Johns the twelfth day of ffebruary in the yeare
                   aforesaid doe report as followeth vizt In Obedience to a writ under
                   the seale of this Court hereunto annexed beareing date the ninth
                   day of ffebruary instant impowering Us to audite the accompt be-
                   tweene John Quigley plaintiff and Ralph Blackhall defendant & to
                   state the same & returne Our report to this Honble Court the twelfth
                   instant Wee doe humbly certifie.
                    That Wee have perused and examined aswell the accompt & charge
                   of the said plt as also the accompts of the said deft which we have
                   stated & hereunto annexed and upon the whole matter We doe find
                   that the said Ralph Blackhall the defendt is upon the ballance of
                   accompts indebted unto the said John Quigley the summe of ninty
                   foure thousand six hundred & six pounds of tobacco.
                    That the said Ralph Blackhall hath produced unto Us Sundry
                   bills of severall persons taken in the name of the said John Quigley
                   which bills we have herewith returned to your Honrs amounting in
                   all to fifteene thousand nine hundred thirty & One pounds of tobacco
                   which he the said defendant craves to have allowed out of the Said
                   ballance But in regard the said defendant hath not produced witnes
                   before Us to prove that the said bills & every or any of them are the
                   true & proper bills of the respective persons named therein Wee doe
                   therefore humbly reserve it to the judgment of this Honble Court
                   whether the same shall be allowed to be discompted by the said
                   defendant he not haveing produced to Us the accompts of the particu-
                   lar Sales of goods to Severall of the said persons mentioned in the
                   said bills alleadging that his booke is torne and defaced So as he is
                   not able to doe it.
                    But in case your honrs doe thinke fitt to allow the aforesaid bills
                   to be discompted Out of the aforesaid ballance then the remainder
                   doe to the Said Quigley will be Seventy Eight thousand six hundred
                   Seventy five pounds of tobacco
                    All which Wee humbly Submitt to judgment.
                                                    Chr: Rousby
                                                    Gerard Slye.